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(영문) 전주지방법원 2021.01.21 2020노1581

사행행위등규제및처벌특례법위반

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. The lower court’s sentence (6 months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The facts that each of the instant crimes committed by the judgment are committed repeatedly against the Defendant, even though the Defendant had been sentenced to imprisonment with prison labor for violating the Game Industry Promotion Act by the Jeonju District Court on January 20, 2017, 10 months, 2 years of suspended execution, 7 million won of fine, and 120 hours of community service order, due to the commission of a speculative spirit and undermining the establishment of a healthy game culture, etc.

On the other hand, the fact that the defendant appears to repent and reflect his mistake, the amount of criminal proceeds is not large, and the period of crime is limited to the short term, and the crime is seized, etc. are favorable to the defendant.

In addition, considering the defendant's age, sex, environment, and other sentencing conditions, the sentence of the court below cannot be deemed to be too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.